Someone who wishes to remain anonymous, works with cannabis businesses wishing to comply, raised concerns and made the following observations.
"The County recently (lets say end of June) amended their Nuisance Abatement Procedures (New version here: http://humboldtgov.org/
They also amended their Administrative Civil Penalties resolutions (New version here: http://humboldtgov.org/
These type of ordinances are authorized by Government Code Section 53069.4, here: https://leginfo.
The amendments to these local ordinances were designed to do several things. The most notable / interesting thing is that they changed the categories of violation, such that any cannabis violations are treated as Category 4 violations (the highest) with $10,000 a day fines. They also made is so that the County can serve the penalty notice at the same time as the nuisance abatement. And that they only give 10 days to correct the violation before the fines start. That is 10 days to start and COMPLETE corrections. Many of the corrections require permits, which the County takes 30-60 days or more to issue.
Previously, they would send the nuisance abatement notice and then, if someone didn't respond within a reasonable time-frame (usually more like 30 days), they would issue the penalty notice. They would then typically still work with you before actually charging penalties.
Around the same time, the County also supposedly contracted with McGeorge School of law for hearing officers. I have been told this by Bob Russell. They used to have two local attorneys as contracted hearing officers.
The new ordinances don't comply with state law for a number of reasons, in my opinion. The most notable reason is that the government code requires the County to provide "a reasonable period of time .... for a person responsible ... to correct or ... remedy ... prior to the imposition of administrative fines or penalties ..." The ordinances kind of pigeon-hole hearing officers into imposing the large / $10,000 a day fine.
According the county, and people that were served, the County did not actually inspect properties, they just flew over. They make the assumption that if there is a greenhouse on the property, there is cannabis in it. That, of course, is not always the case. Because they make that assumption (without having actual direct evidence) they impose $10,000 a day fine for each violation they state on their notice (even the non-cannabis violations). They give 10 days to complete corrections (the same time frame applies to when you have to appeal) or the fines accrue.
The County has typically been sending out between 2 and 7 violations on each property. Their policy is to try to work out a compliance agreement, where the owners do the following:
1. Sign an agreement admitting to the violations and waiving appeal rights.
2. Pay staff time.
3. Pay a single fine of $10,000 per violation on each property. (This could be more if you have a large operation and they think you can afford more).
4. Remove all greenhouses, with demo permits, even if they have no evidence they were used for cannabis and even if agriculture is a principal permitted use on the property.
5. Restore all grading not related to your home to its original condition with a grading permit. Then, you can apply for a new grading permit to grade it. (The environmental / erosion / dust implications of this are crazy).
6. Obtain permits for structures you want to keep with either AOB, or contracted permits, etc.
An interesting issue:
- Most people have 3 violations. Grading, Unpermitted Structures, Cannabis. The County has them pay staff time, $30,000, get permits, restore the grading, remove all greenhouses. If someone wants to challenge it by appeal, its likely the hearing officer will (if they agree there was cannabis there) order $10,000 a day in fines for a period of up to $900,000. To make financial sense for a challenge, you have to be 97% confident (statistically) that they won't find that way to make it worth it. If they do fine you that way and you appeal to a Court, it will likely cost you well over $30,000 to litigate with the County.
A couple of previous attempts to reach Mr. Ford were also unsuccessful.
In order to fully understand what's really going on, we'd have to listen to the warnings and plights of the others before us.
ReplyDeleteWayne Hage's battle is one of the most infuriating battles, yet he fought valiantly and intellectually. What he says is a must hear for every land holder in the West. https://www.youtube.com/watch?v=GoVjSqpIc_8
To understand the concept of his winning arguments, let Angus McIntosh educate you about the laws and acts upon which every landowner should know by heart. Angus also has educational videos, like his R-Calve presentation.
With censorship at an all time high, I highly recommend saving all to flash drives. Everyone is in for the fight of their lives.
If the reader is not aware of the Joe Robertson case in Montana or Idaho, you should be. He installed 3 Permitted fire fighting stock ponds on his property, but because he wasn't informed that he also needed a Federal Civil Engineering permit, he was thrown in prison. The Federal agencies stacked charges against him a mile long.
ReplyDeleteLately he received the Regal Report by another group which clears him of all charges, yet he still faces turmoil. https://www.dropbox.com/s/u6w879q6602ww4r/Kegal%20Report%20Robertson%2C%20Joe%20April%2026%202016.pdf?dl=0
The Report clearly states who was in the wrong, and why.